To address this issue, the Superintendent of Insurance approved the OPCF 47 Endorsement agreement called not to rely on Sab`s priority of payment rules. As indicated in the title of the approval, OPCF 47 requires an insurer who has sold a policy with applicable optional benefits, waive the priority rules and pay the right to the standard and optional benefits acquired. The 90-day deadline is very strict. An insurer that grants a priority dispute settlement to another insurer could be excluded from the continuation of its priority litigation, unless it completes a test in two stages: it is obviously a Friday afternoon before a long weekend, and you have just received a potential litigation of SABS. A new claim for accident benefits arrives on your desk and the applicant states that she was in your insured`s vehicle at the time of the accident. It`s no surprise that you don`t have a check-in on it under your policyholder`s policy. Enter the OPCF 47 confirmation. Insurers are required to issue OPCF 47 in all cases where an insured acquires optional accident benefits. The purpose of the approval is to ensure that an insured is able to obtain optional benefits under his or her own policy, regardless of the interpretation of the priority rules. While changes to basic coverage offer more choice and premium levels, they pose new challenges for insurers and claims settlement agencies.
Insurers should consider the impact of optional benefits on future rights, particularly under the priority rules set out in Section 268 (2) of the Insurance Act and derogations from the priority rules under the OPCF 47 agreement (non-participation in the sABS priority rules). The following is the first of several articles that deal with A`s at Zeds of everything you`ve ever wanted to know about priority disputes (but were afraid to ask). Can the insurer, which must waive the rules of priority and pay accident benefits, still be compensated? A Supreme Court judge says “yes.” This will ensure that an applicant does not end up in a black hole without benefits, as two or more insurers are attacking the priority. When an insurer wishes to inform the auto claims fund of a priority dispute, the insurer must first complete its appropriate investigation to determine whether another insurer should pay in front of the Fund and must also provide the Fund with information about the investigations it conducts and their results.